R. Bitchal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.4321 of 2016 1 R.BITCHAL 2 RAMACHANDRAN ..PETITIONERS/ACCUSED 1 and 2 Vs.
STATE REP.BY THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, VADIPATTI, MADURAI DISTRICT.
IN CRIME NO. 109 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioners : M/S.M.SUBASH BABU Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 379, 506(i) I.P.C., r/w Sections 21 and 23 of Mines and Minerals Act, 1957 in Crime No.109 of 2016, on the file of the respondent Police, seek anticipatory bail.
2. Heard Mr.M.Subash Babu learned counsel appearing for the petitioners / accused 1 and 2 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. Taking into consideration the fact that there is no previous case as against the petitioners / accused 1 and 2 except the present case, this Court is of the view that this is a fit case to grant anticipatory bail to them. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif-cum-Judicial Magistrate, Vadipatti, on condition that each of the petitioners / accused 1 and 2 shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the first petitioner / first accused shall report before the respondent Police as and when required for interrogation and the second petitioner / second accused shall report before the respondent Police daily at 06.30 p.m., until further orders. https://hcservices.ecourts.gov.in/hcservices/
(ii) the petitioners / accused 1 and 2 shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioners / accused 1 and 2 shall not abscond either during investigation or trial. (iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners / accused 1 and 2 in accordance with law as if the conditions have been imposed and the petitioners / accused 1 and 2 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
4. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.
sd/- 14/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, VADIPATTI. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, VADIPATTI, MADURAI DISTRICT. +1. CC to M/S M.SUBASH BABU Advocate SR.No.14441 akm/16.03.2016/2p-6c/AAL/MPA/SAR-I
ORDER
IN CRL OP(MD) No.4321 of 2016 Date :14/03/2016 https://hcservices.ecourts.gov.in/hcservices/